(영문) 의정부지방법원 2020.02.14 2019노2814

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.02.14 2019노2814

사기

Text

The judgment below

Each fraud described in the Decision 2017 Godan5698 Nos. 2 through 26 of the Code of Crime.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (as stated in No. 1 set forth in the table of crime committed in the case 2017 senior group5698: Imprisonment with prison labor for four months, and two years and six months, respectively) is too unreasonable.

2. Determination

A. The Defendant’s judgment on the crime No. 1 set forth in the 2017 Highest 5698 List of Offenses was reached in the first instance, and the fact that this part of the crime is recognized, and that it is against the Defendant, is favorable to the Defendant.

However, there are the following disadvantageous circumstances for the defendant.

It is reasonable that the amount obtained by the defendant from the victim is KRW 30 million.

The defendant did not agree with the victim.

The defendant committed this part of the crime during the period of suspended execution due to the same crime.

In light of the fact that there is no change in the conditions of sentencing compared with the original judgment, the sentence imposed by the lower court is too unreasonable because it is too unreasonable to consider the circumstances favorable to the Defendant, and there is no change in the conditions of sentencing since the new sentencing materials have not been submitted in the first instance court.

Therefore, the defendant's above assertion is without merit.

B. The judgment on the remaining crimes is disadvantageous to the Defendant.

The most part of this crime is that the defendant committed during the period of suspension of execution due to the same crime.

The defendant repeated the crime of fraud against many victims, and the amount of damage exceeds 80 million won.

The defendant did not agree with the victim AK among victims.

In addition, even though the defendant agreed with the victim BY, Y, AH, and BG, the victim BY applied for severe punishment from the court below to the trial court, and from the trial court, the victim Y, AH, and BG applied for severe punishment.

However, there are the following favorable circumstances for the defendant.

The defendant committed the crime against the victim N from the court below.

유사 판례

-인천지방법원 부천지원 2014.08.27 2014고단1565

-의정부지방법원 2019.07.26 2018노2809

-의정부지방법원 2019.11.08 2019노1963

-서울고등법원 2016.10.06 2014노1891

-대구지방법원 서부지원 2019.11.07 2019고단1983